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U.S. Code as of:
01/19/04
Section 649b. Grants, contracts and cooperative agreements for international marketing programs
(a) Limitations and restrictions
The Secretary of Commerce (hereinafter referred to as the
"Secretary") is authorized to make grants (including contracts and
cooperative agreements) to a qualified applicant to encourage the
development and implementation of a small business international
marketing program (hereinafter referred to as "the program"). Each
qualified applicant under sections 649a to 649d of this title may
receive a Federal grant not to exceed $150,000 annually for each of
three years: Provided, That not more than one-third of these
Federal funds may be used for the purpose of hiring personnel.
Nothing in this section shall be construed as authorizing the
Secretary to enter into contracts or incur obligations except to
such extent and in such amounts as are provided in appropriation
Acts.
(b) Eligibility
(1) To be eligible for a grant under this section, an applicant
proposing to carry out a small business international marketing
program must submit to the Secretary an application demonstrating,
at a minimum:
(A) the geographical area to be served;
(B) the number of firms to be assisted;
(C) the staff required to administer the program;
(D) the means to counsel small businesses interested in
pursuing export sales, including providing information concerning
available financing, credit insurance, tax treatment, potential
markets and marketing assistance, export pricing, shipping,
documentation, and foreign financing and business customs;
(E) the ability to provide market analysis of the export
potential of small business concerns; and
(F) the capability for developing contacts with potential
foreign customers and distributors for small business and
their products, including arrangements and sponsorship of
foreign trade missions for small business concerns to meet with
identified potential customers, distributors, sales
representatives, and organizations interested in licensing or
joint ventures: Provided, however, That no portion of any Federal
funds may be used to directly underwrite any small business
participation in foreign trade missions abroad.
(2) Program services shall be provided to small business concerns
through outreach services at the most local level practicable.
(3) Each small business international marketing program shall
have a full-time staff director to manage program activities, and
access to export specialists to counsel and to assist small
business clients in international marketing.
(c) Advisory board establishment
(1) Each small business international marketing program shall
establish an advisory board of nine members to be appointed by the
staff director of the program, not less than five members of whom
shall be small business persons or representatives of small
business associations.
(2) Each advisory board shall elect a chairman and shall advise,
counsel, and confer with the staff director of the program on all
policy matters pertaining to the operation of the program
(including who may be eligible to receive assistance, ways to
promote the sale of United States products and services in foreign
markets or to encourage tourism in the United States, and how to
maximize local and regional private consultant participation in the
program).
(d) Grant requirements
The Secretary shall require, as a condition to any grant (or
amendment or modification thereof) made to an applicant under this
section, that a sum equal to the amount of such grant be provided
from sources other than the Federal Government: Provided, That the
additional amount shall not include any amount of indirect costs or
in-kind contributions paid for under any Federal program, nor shall
indirect costs or in-kind contributions exceed 50 per centum of the
non-Federal additional amount.
(e) Program evaluation; reports
The Secretary shall develop a plan to evaluate programs approved
under this section which shall only -
(1) determine the impact of small business international
marketing programs on those small businesses assisted;
(2) determine the amount of export sales generated by small
businesses assisted through such programs; and
(3) make recommendations concerning continuation and/or
expansion of the program and possible improvements in the program
structure. Such evaluation shall be submitted to the Congress by
October 1, 1982.
(f) Recipients' duty to furnish information
For the purpose of the evaluation under subsection (e) of this
section, the Secretary is authorized to require any small business
international marketing program, or party receiving assistance
under this section, to furnish such information as is deemed
appropriate to complete the required evaluation.
(g) "Applicant" defined
As used in this section, the term "applicant" means any State
government or agency or instrumentality thereof, any Small Business
Administration - designated small business development center, any
for profit small business, any nonprofit corporation, any regional
commission, or any combination of such entities, which will carry
out a small business international marketing program.
(h) Contract authority
The authority to enter into contracts shall be in effect for each
fiscal year only to the extent or in the amounts as are provided in
advance in appropriation Acts.
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